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View Full Version : Give 24 hours notification and illegal clause in lease.


sackings_pepsi
Nov 15, 2010, 12:36 AM
My landlord requires us to keep our room in showable condition after we give him the 30 days moving out notice. On the lease it says "Landlord will have right to show room daily without consent after notice to leave is given. Valuables should be put away by tenant, Room must be in show condition daily before leaving house and when landlord tells you."
He demand us to keep our room clean and do our beds (stuff like that). I asked him if we need to keep our room clean for the 30 days, he said yes, and we need to do our beds for that 30 days. I asked him, if I don't have time to do my bed in the morning, he said, then find time. He said he won't give us 24 hours notification, because its in the contract. Is that legal? Is this contract a violating of state law?

According to Civil Code 1954

Under Civil Code 1954 [see below], the landlord may enter your unit without your permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that realtors will be showing the property is given, for the next 120 days only an oral telephonic 24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended repair, daily entry, or excessive range of entry time are probably all "abuses" which you have the legal right to prevent.

The nature of the reasonableness of the notice seems to be to give you time to pick up the place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not clear, here, and the above is the best interpretation of what the law probably is.

tickle
Nov 15, 2010, 03:26 AM
The way I read the civil code is item no. 2. He has to give you advance notice when he wants to show your apartment. You will also note item D, landlord is liable for anything stolen.

LL is obviously wrong in his assumption that he can come in 'whenever'.

I have never heard of stipulations as he states. I would expect that you would keep it tidy, but if you knew he was coming through when you weren't there, then yes, your bed would be made.

You are paying for the apartment and if you are paid up, then it is your domicile until such time as you leave.



Tick

excon
Nov 15, 2010, 04:54 AM
The law is not clear, here, and the above is the best interpretation of what the law probably is.Hello s:

The law is pretty clear to me. He needs to give you notice. You can leave the place a mess too. It's YOUR place - not his. Because he needs to give you notice, you can REFUSE if you happen to be home doing stuff and you don't want to be BOTHERED. It's YOUR place - not HIS. Write him a letter telling him exactly what I told you. He, of course, won't like it and will threaten to withhold your security deposit. That's OK. Leave the place clean, take pictures and sue him in small claims court.

excon

sackings_pepsi
Nov 15, 2010, 09:47 AM
I guess I am concerned is that, on the lease I signed, there is a clause that stated :""Landlord will have right to show room daily without consent after notice to leave is given. Valuables should be put away by tenant, Room must be in show condition daily before leaving house and when landlord tells you." "

Did I give up my rights by signing that paper?

excon
Nov 15, 2010, 09:54 AM
Did i give up my rights by signing that paper?Hello again, s:

You hit the point exactly... The answer is, you did NOT. Your rights under state law CANNOT be abridged by a lease, even if you did sign it.

excon

tickle
Nov 15, 2010, 11:30 AM
I guess i am concerned is that, on the lease i signed, there is a clause that stated :""Landlord will have right to show room daily without consent after notice to leave is given. Valuables should be put away by tenant, Room must be in show condition daily before leaving house and when landlord tells you." "

Did i give up my rights by signing that paper?

It appears that way, because he put his own clause in.

Tick